IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090004515 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal.

2.  The applicant states that he served in Iraq and Kuwait from 8 February 2004 to 28 February 2005.  The 299th Forward Support Battalion, 1st Infantry Division, neglected to include his Iraq Campaign Medal on his DD Form 214.  He served over one year boots on the ground in Iraq during Operation Iraqi Freedom
(OIF) II.

3.  In support of his application, the applicant provides copies of his Shoulder Sleeve Insignia – Former Wartime Service certificate for OIF, his Meritorious Unit Commendation orders, his Valorous Unit Award certificate, a Memorandum for Record (MFR) for Iraq deployment, his DA Form 638 (Recommendation for Award), a Deployment Roster to OIF II memorandum, his Army Commendation Medal certificate, and his DD Form 214.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 
3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame 
provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 27 September 2002.  He was discharged from the USAR DEP on 6 January 2003 and he enlisted in the Regular Army (RA), in pay grade E-1, on 7 January 2003.  

3.  A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, verified that the applicant served in Kuwait and received hostile fire pay from 1 February 2004 to 28 February 2005.

4.  The applicant submits a copy of orders, dated 14 April 2005, awarding the Meritorious Unit Commendation to his unit for exceptionally meritorious service during combat in ground operations in the Salah Ad Din Province, Iraq, in support of OIF.  He also submits a copy of a Valorous Unit Award certificate he received, his recommendation for award of the Army Commendation Medal, and the resulting certificate all showing he was deployed in support of OIF.

5.  The applicant submits a copy of an MFR, dated 22 June 2005, which lists his name for deployment to Mosul, Iraq, in support of Operation Founding Fathers, from 1 January 2005 to 3 February 2005.

6.  The applicant further submits a copy of a Memorandum, Subject:  Deployment Roster to OIF II, dated 19 December 2005, which shows he was granted short tour credit for the 12 months he served in support of OIF II from 8 February 2004 to 28 February 2005 that should be added to his records.

7.  The applicant was honorably released from active duty, in pay grade E-4, on 6 January 2006 and transferred to the USAR Control Group (Reinforcement).

8.  Entries on the applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards:  the Army Commendation Medal, the Army Achievement Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service 
Ribbon, the Overseas Service Ribbon, and the Global War on Terrorism Service Medal.  No entry was entered in Item 18 (Remarks), of his DD Form 214 to show he served in Iraq/Kuwait during his period of active duty.

9.  Army Regulation 600-8-22 (Military Award) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.

10.  Army Human Resources Command (AHRC) Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability, and standards on awarding and wear of service stars on the Iraq Campaign Medal.  It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

   a.  Liberation of Iraq/19 Mar 2003 - 1 May 2003;
 
b.  Transition of Iraq/2 May 2003 - 28 Jun 2004;

c.  Iraq Governance/29 Jun 2004 - 15 Dec 2005; and

d.  National Resolution/16 Dec 2005 – Date to be determined.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in Item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant is entitled to the Iraq Campaign Medal with one bronze service star, based on his service in support of OIF.  
Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Based on the applicant's service in Iraq/Kuwait during his period of active duty, he is also entitled to correction to his DD Form 214, Item 18, by adding the entry, "SERVICE IN IRAQ/KUWAIT FROM 20040208 - 20050228.”
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding to item 13 of the applicant's DD Form 214 the Iraq Campaign Medal with one bronze service star;
   
b.  adding to Item 18 of the applicant's DD Form 214 the entry "SERVICE IN 
IRAQ/KUWAIT FROM 20040208 - 20050228”; and

c.  providing the applicant a corrected DD Form 214 that includes these 
corrections.



      ________X_____________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090004515



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ABCMR Record of Proceedings (cont)                                         AR20090004515



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